Latest / Wrongful Conviction / #539 Jason Flom with Cal Harris
Transcript
- 0:02Speaker 1: Married couple. Cal and Michelle Harris were living separate lives
- 0:06Speaker 1: under the same roof as their divorce proceedings began in
- 0:09Speaker 1: two thousand and one. When Michelle didn't return from work
- 0:15Speaker 1: one September night, it was assumed that she'd stayed with
- 0:18Speaker 1: friends or with her boyfriend, but when her van was
- 0:22Speaker 1: found at the edge of their property, the police focused
- 0:25Speaker 1: on her estranged husband, developing circumstantial evidence as well as
- 0:29Speaker 1: what appears to have been total fabrications, while dragging Cal
- 0:33Speaker 1: Harris through four trials over the course of fifteen years.
- 0:38Speaker 1: This is wrongful Conviction. You're listening to Wrongful Conviction. You
- 0:48Speaker 1: can listen to this and all the Lava for Good
- 0:50Speaker 1: podcasts one week early and ad free by subscribing to
- 0:53Speaker 1: Lava for Good Plus on Apple Podcasts. Welcome back to
- 1:05Speaker 1: Ron with Conviction, where we're heading to Tioga County, New York,
- 1:08Speaker 1: where our guests today. Cal Harris worked for his family's
- 1:11Speaker 1: auto dealership business while raising his four kids until it
- 1:15Speaker 1: was all derailed, first by marital troubles, followed by the
- 1:20Speaker 1: disappearance of his estrange wife, Michelle. Cal I'm sorry you're
- 1:26Speaker 1: here because of what you've gone through, but I'm very
- 1:29Speaker 1: happy and honored to have you with us. Welcome, we
- 1:33Speaker 1: thank you, and to help him tell this story. We're
- 1:35Speaker 1: joined by two of his attorneys from Barquette Epstein, Aida
- 1:39Speaker 1: elyisen Ring and Bruce Barquette.
- 1:41Speaker 2: Thanks for having us.
- 1:42Speaker 3: I'm very happy to be here.
- 1:43Speaker 1: So Cal, We've got a lot of ground to cover.
- 1:45Speaker 1: Let's rewind all the way back to where you grew up,
- 1:48Speaker 1: the family, the auto business, and then of course we'll
- 1:52Speaker 1: turn to the tale of you and Michelle.
- 1:54Speaker 4: I grew up in the Binghamton area, about an hour
- 1:57Speaker 4: north of Scranton, Pennsylvania, and about an hour hours south
- 2:01Speaker 4: of Syracuse, New York. My father started the business back
- 2:04Speaker 4: in nineteen sixty seven with a small Ford dealership in Awego,
- 2:08Speaker 4: New York. And when my brothers and I were of
- 2:11Speaker 4: age and got in the family business, we grew. We
- 2:13Speaker 4: had eight dealerships in four different locations. We represented almost
- 2:17Speaker 4: every major franchise, domestic in import. We had a very
- 2:21Speaker 4: good marketing system, we had a very good business plan,
- 2:24Speaker 4: and we grew exponentially.
- 2:26Speaker 1: And when and how did you meet Michelle?
- 2:29Speaker 4: Well, Michelle and I started dating in the late eighties,
- 2:33Speaker 4: got married in August of nineteen ninety. Built our home
- 2:38Speaker 4: in ninety two, and then our first child, Taylor, was
- 2:41Speaker 4: born in ninety four, and then the next year Kayla,
- 2:45Speaker 4: and then Jenna was born in ninety seven, and then
- 2:48Speaker 4: Tanner was born in ninety nine. Michelle is a great mother. Obviously,
- 2:53Speaker 4: having four young children was a big task for Michelle.
- 2:57Speaker 4: I was working a lot of hours at the family business,
- 2:59Speaker 4: so we had two part time nannies, and then we
- 3:03Speaker 4: had a handful of babysitters, so the kids were well
- 3:06Speaker 4: taken care. We lived on a very beautiful piece of
- 3:10Speaker 4: property and it was a small lake surrounded by two
- 3:13Speaker 4: hundred and fifty acres. We purchased it from Binghamton University
- 3:18Speaker 4: and it was a newdist camp for Binghamton University.
- 3:21Speaker 3: See I finally learned something new.
- 3:23Speaker 1: Cal Yeah, that.
- 3:25Speaker 4: Was back in the sixties and the seventies. And then
- 3:27Speaker 4: when the newdiest thing kind of ran its course, it
- 3:31Speaker 4: sat empty for years and somebody on the board of
- 3:34Speaker 4: Binghamton University knew my dad and cut us a deal.
- 3:38Speaker 4: We don't live there anymore. I had to sell the
- 3:41Speaker 4: property to pay my legal bills. We'll never be able
- 3:44Speaker 4: to replace that property, but we had our own little
- 3:46Speaker 4: sanctuary out there, all kinds of woods and nature, and
- 3:50Speaker 4: I taught my kids how to water ski and wakeboard
- 3:53Speaker 4: on the lake behind the jet ski, and we fished
- 3:56Speaker 4: and it was a great run while it lasted.
- 3:59Speaker 1: And during the happier years for the Harris family. The
- 4:01Speaker 1: New York State Police, specifically Troops C that operated in
- 4:05Speaker 1: the southern tier of the state, was while they were
- 4:08Speaker 1: experiencing discord, and that began what a detective named Harding
- 4:12Speaker 1: was interviewing with the CIA, and when he was asked
- 4:15Speaker 1: if he'd break the law for his country, Harding admitted
- 4:18Speaker 1: to manipulating or fabricating evidence against folks that they believed
- 4:23Speaker 1: to be guilty. That kicked off a fourteen month investigation.
- 4:27Speaker 4: A special prosecutor get an investigation on Troop C, and
- 4:31Speaker 4: he uncovers forty instances of evidence tampering by Troop C.
- 4:35Speaker 4: In his conclusion, he says everyone at Troop C was
- 4:39Speaker 4: either directly involved or had firsthand knowledge on it, and
- 4:43Speaker 4: he said it was generational that they were passing on
- 4:47Speaker 4: this behavior to new recruits. And even after that report,
- 4:51Speaker 4: Sue Malby, the lead investigator on my case, gets caught
- 4:55Speaker 4: coercing a false confession out of a fifteen year old boy.
- 4:59Speaker 4: It sends that to prison, and the only reason that
- 5:02Speaker 4: boy gets out is because the adult male that committed
- 5:04Speaker 4: the crime confessed to it.
- 5:07Speaker 1: And it appears that this pattern of misconduct was applied
- 5:10Speaker 1: to Cal, whose once happy marriage by March of two
- 5:13Speaker 1: thousand and one, had devolved, as these things sometimes do,
- 5:16Speaker 1: into divorce proceedings. Cal and Michelle, meanwhile, we're cope parenting
- 5:21Speaker 1: and remained in the home together, but they were living
- 5:24Speaker 1: separate lives. Michelle began socializing more and eventually began working
- 5:28Speaker 1: at a bar called Lefties in an area known as
- 5:32Speaker 1: the Valley.
- 5:33Speaker 4: So she's been going down to the Valley and hanging
- 5:36Speaker 4: out at these dive bars and she's partying pretty hard.
- 5:40Speaker 4: She knows what Lefties is, she knows they're dealing drugs
- 5:43Speaker 4: out of there. But she made it clear to me
- 5:46Speaker 4: that what she does outside the home is none of
- 5:48Speaker 4: my business. So the only people that know what's going
- 5:52Speaker 4: on in her life are the nanny barb there, Michelle's
- 5:56Speaker 4: sister in law, Shannon Taylor, and she also had a
- 5:59Speaker 4: friend named Nicki Burdick that was a friend that she
- 6:02Speaker 4: would go out with at night. And party with, and
- 6:05Speaker 4: she had a boyfriend at the time. Through the investigation,
- 6:10Speaker 4: she was also involved with apparently several other guys at
- 6:13Speaker 4: the same time. And I noticed from March two thousand
- 6:18Speaker 4: and one, when she starts to work there till September
- 6:22Speaker 4: of two thousand and one, things get really bad and
- 6:25Speaker 4: she's living a lifestyle that's not healthy for her, not
- 6:28Speaker 4: healthy for the kids. And she'd go to work, but
- 6:31Speaker 4: she wouldn't come home. She would always go out afterwards.
- 6:34Speaker 4: Sometimes she'd go over to her boyfriend's house. Most of
- 6:37Speaker 4: the time she would go out and party and hang
- 6:40Speaker 4: out with these other guys that she's involved with. She
- 6:42Speaker 4: had been frequently not coming home until five or six
- 6:46Speaker 4: o'clock in the morning, and there were some mornings that
- 6:48Speaker 4: she was so hungover she couldn't even watch the kids
- 6:51Speaker 4: and barb theair than nanny had to come over and
- 6:54Speaker 4: take that responsibility.
- 6:56Speaker 1: But despite the erratic lifestyle, by the summer of two
- 6:59Speaker 1: thousand and one, tensions between Call and Michelle had died
- 7:02Speaker 1: down and it appeared that they were going to settle
- 7:04Speaker 1: the divorce. Michelle had borrowed money from her boyfriend approachases
- 7:08Speaker 1: a home, so things were looking up when all of
- 7:11Speaker 1: a sudden they took a terrible turn.
- 7:14Speaker 2: So the chronology is September eleventh, she wakes up, the
- 7:18Speaker 2: events take place down in New York City. She works
- 7:20Speaker 2: that night at Lefties. Her boyfriend testified that she visited
- 7:25Speaker 2: him and left around eleven or eleven fifteen pm. Nobody
- 7:29Speaker 2: else saw her that we are certain of, other than
- 7:32Speaker 2: potentially whoever was at the foot of the driveway with
- 7:35Speaker 2: her the following morning.
- 7:37Speaker 1: A witness named Kevin Tubbs later came forward describing this
- 7:41Speaker 1: scenario and a man who may have been a guy
- 7:44Speaker 1: named Stacy Stewart.
- 7:46Speaker 2: Stacy Stewart knew Michelle because they would frequent the bar Lefties,
- 7:52Speaker 2: and the degree to which they got to know each other,
- 7:55Speaker 2: I think is up for some debate, but it's purported
- 7:58Speaker 2: to us by number of witnesses Stewart was interested in
- 8:01Speaker 2: Michelle romantically. We have evidence that she was at the
- 8:04Speaker 2: foot of the driveway around roughly five o'clock in the
- 8:07Speaker 2: morning with somebody who matches Stacy Stewart's description to a
- 8:11Speaker 2: t and was driving the type of truck that Stacy
- 8:15Speaker 2: Stewart owned.
- 8:16Speaker 1: But that wasn't known until after his first conviction. At
- 8:20Speaker 1: least not by the defense. So after this alleged sighting
- 8:23Speaker 1: on the driveway on the morning of September twelfth, the
- 8:27Speaker 1: morning began as usual for Cal the kids. When Cal
- 8:30Speaker 1: noticed Michelle was out of the couch, he continued about
- 8:33Speaker 1: his routine getting the older kids ready for school, and
- 8:35Speaker 1: a little after seven am, when he hadn't seen Michelle yet,
- 8:39Speaker 1: he called Barblayer for help with their youngest, Tanner, while
- 8:43Speaker 1: everyone else was set to leave and start their day.
- 8:46Speaker 4: So I called Barb and I said, Michelle's not home yet.
- 8:50Speaker 4: I'm not sure what's going on. Can you help me
- 8:52Speaker 4: get the kids to school because someone's got to stay
- 8:55Speaker 4: home with Tanner. So she said, yep, I'm available. And
- 8:58Speaker 4: a few minutes after I called Barb, Barb, I call
- 9:00Speaker 4: Michelle's cell phone, and because we live in a remote area,
- 9:05Speaker 4: our cell phone coverage cuts out in about a ten
- 9:08Speaker 4: mile radius around our house. And I didn't leave a
- 9:11Speaker 4: message because I just assumed, years and years of doing that,
- 9:16Speaker 4: that she was on her way home, she was within
- 9:19Speaker 4: that ten mile radius, so I don't leave a message.
- 9:22Speaker 1: Years later, at the first trial, Barb Fayer testified that
- 9:26Speaker 1: she was the one who made that phone call, even
- 9:29Speaker 1: though that was impossible.
- 9:32Speaker 4: I called Barb and then four minutes later I called
- 9:36Speaker 4: Michelle's cell phone.
- 9:37Speaker 2: If you track where she was, she could not have
- 9:42Speaker 2: gotten to Cal's house in time to make the call.
- 9:46Speaker 1: And when Barb actually did arrive, she discovered Michelle's van
- 9:50Speaker 1: at the end of the driveway.
- 9:51Speaker 4: Barb comes in through the garage and she walks into
- 9:54Speaker 4: the kitchen. It says to me, is Michelle here? And
- 9:57Speaker 4: I say no. She says, well, her van's at the
- 10:01Speaker 4: end of the driveway. It's unlocked. I looked in it
- 10:05Speaker 4: and she's not in there. And then I said, well,
- 10:08Speaker 4: are the keys in it? And she says yes. So
- 10:12Speaker 4: we hop in my truck and we go out to
- 10:14Speaker 4: the end of the driveway, and Barb's not upset. In fact,
- 10:18Speaker 4: we had some small conversation on the way out to
- 10:20Speaker 4: the end of the driveway, and Barb's saying things like, well,
- 10:24Speaker 4: maybe she's hungover at at friend's house.
- 10:27Speaker 1: After Cal drove off with the kids, Michelle's party friend,
- 10:30Speaker 1: Nicki Burdick, called and according to Barb, there she explained
- 10:33Speaker 1: to Nicky about Michelle's van.
- 10:36Speaker 2: There's a voice message from Burdick on Michelle's cell phone,
- 10:40Speaker 2: You're scaring me, Where are you? What's going on?
- 10:42Speaker 4: That kind of thing, And then Nicky calls Michelle's divorce attorney,
- 10:48Speaker 4: who in turn calls the state police, and that's when
- 10:52Speaker 4: the investigation starts. The lead investigator on this case was
- 11:10Speaker 4: Sue Andrew's Mulvey of New York State Police Troops c.
- 11:16Speaker 4: As soon as my name came up, she immediately put
- 11:20Speaker 4: herself on as the lead investigator because for her this
- 11:25Speaker 4: was personal. And the reason it was personal was because
- 11:28Speaker 4: her father, John Andrews, used to work for me back
- 11:31Speaker 4: in the day in one of the dealerships and I
- 11:34Speaker 4: fired him and it was bad blood ever since.
- 11:39Speaker 2: So you had the lead investigator's father having worked for
- 11:43Speaker 2: Cal and being fired, and the lead prosecutor, Gerald Keene,
- 11:47Speaker 2: his wife was part of the team representing Michelle in
- 11:51Speaker 2: the divorce.
- 11:52Speaker 4: Well, it's the classic case of the small town everybody
- 11:56Speaker 4: it's related to somebody.
- 11:58Speaker 2: So her divorce lawyer turned his file over right away
- 12:02Speaker 2: to the state police and it didn't take much for
- 12:07Speaker 2: the divorce lawyer, Nikki's there and I think the in
- 12:12Speaker 2: laws the tailors to assume that Cal had something to
- 12:15Speaker 2: do with this.
- 12:17Speaker 1: Now, at that point, there was no body. In fact,
- 12:20Speaker 1: her body to this day has still never been found.
- 12:23Speaker 1: So the investigators began searching her van, the house, the garage,
- 12:29Speaker 1: trying to find something incriminating.
- 12:32Speaker 4: Steve Anderson, he's supposed to be the forensic expert. He
- 12:36Speaker 4: immediately comes in and starts testing the sub millimeter stains.
- 12:41Speaker 4: There's like a dozen altogether sub millimeter stains in the
- 12:45Speaker 4: garage and in the kitchen as you come into the house.
- 12:48Speaker 2: The first thing that he did is he saw what
- 12:50Speaker 2: he thought was blood spattered on the wall in the garage.
- 12:54Speaker 2: It turned out that was non human dog's blood.
- 12:58Speaker 3: Well there is the cookie or pasta sauce on the
- 13:01Speaker 3: ceiling as well. It's very disappointing that it turned out
- 13:05Speaker 3: out to be blood.
- 13:06Speaker 1: But Anderson eventually did find some human blood stains.
- 13:10Speaker 4: So he tests these stains, and the protocol that he's
- 13:14Speaker 4: supposed to follow is that when he comes down to
- 13:16Speaker 4: what he believes to be a crime scene, he's supposed
- 13:19Speaker 4: to observe and take notes, then photograph, and then he's
- 13:25Speaker 4: supposed to test with his cotton swab and his solution.
- 13:29Speaker 4: But that's not what he does in my house. He's
- 13:31Speaker 4: taking his cotton swab, which he admits one of the
- 13:36Speaker 4: stains he totally consumes as he's testing it, but he
- 13:41Speaker 4: doesn't take a photograph before he does it, so we
- 13:45Speaker 4: have to take his word for it. But the reality
- 13:47Speaker 4: is he's the one that's altering the stains, and then
- 13:50Speaker 4: he says it's me trying to clean up these sub
- 13:53Speaker 4: millimeter stains.
- 13:54Speaker 1: So Anderson's missteps were eventually presented as evidence of some
- 13:59Speaker 1: alleged post murder cleanup effort, when in reality that blood
- 14:04Speaker 1: had likely been there for quite a while.
- 14:07Speaker 2: They said that the blood was red, therefore fresh, that
- 14:11Speaker 2: it had to be depositive within a few days. That
- 14:14Speaker 2: was two lies. One, the blood wasn't that color, and two,
- 14:20Speaker 2: it doesn't matter what color it is, because the scientific
- 14:22Speaker 2: community agrees you can't age blood based upon its color.
- 14:27Speaker 2: Sometimes it turns brown very quickly, and sometimes it stays
- 14:30Speaker 2: red for an inordinate amount of time, and they haven't
- 14:34Speaker 2: been able to figure out the variables that would cause
- 14:37Speaker 2: the blood to turn colors in some amount of time.
- 14:40Speaker 1: It turns out that there was a known explanation for
- 14:43Speaker 1: that blood spatter as well, and we're going to hear
- 14:45Speaker 1: more about that later. Now, without any known witnesses. The
- 14:49Speaker 1: police began interviewing family, friends and community members, not about
- 14:54Speaker 1: what you would expect them to ask about, which is
- 14:57Speaker 1: anything they may have seen regarding Michelle's disappearance, but instead
- 15:01Speaker 1: they sort of narrow focused on Cal.
- 15:05Speaker 3: I think that the way the police conducted their investigation
- 15:09Speaker 3: throughout the entire community, they led everyone to we think
- 15:13Speaker 3: Cal did it.
- 15:14Speaker 4: I had friends of mine who didn't buy into the
- 15:18Speaker 4: state police narrative and questioned the state police, well, what
- 15:22Speaker 4: do you mean you know that Cal did it? And
- 15:24Speaker 4: when the state police wouldn't answer, you know how they knew,
- 15:28Speaker 4: then my friends were like, well then what are you doing?
- 15:31Speaker 3: Then they had random people and witnesses fill out FBI
- 15:36Speaker 3: profiles like does he ever get mad? Has he ever
- 15:39Speaker 3: done this? Has he ever done that? Day after day,
- 15:43Speaker 3: multiple witness interviews, the news, the chatter, the town talking.
- 15:48Speaker 3: Another day goes by where her body isn't recovered, and
- 15:52Speaker 3: the zealousness with which they tried to investigate Cal, Like
- 15:55Speaker 3: that gets you in the entire community in the mindset
- 15:59Speaker 3: of let's get him. He's getting away with murder. Because
- 16:02Speaker 3: the police believed that.
- 16:04Speaker 2: There the babysitter who came over right away started to
- 16:08Speaker 2: create a diary documenting the things that were going on
- 16:12Speaker 2: at the house, thinking she was helping the police.
- 16:14Speaker 3: One of his former neighbor's friends says, let me rack
- 16:19Speaker 3: my brain. I do remember, and this is one of
- 16:21Speaker 3: my favorite little details. I do remember. He kept trying
- 16:25Speaker 3: to clean his glasses and the natural implication was that
- 16:30Speaker 3: there was blood spatter on them, and it's like Macbeth
- 16:32Speaker 3: trying to clean the blood off the hands. They interviewed
- 16:35Speaker 3: people in Canada, like, oh, he was on vacation in Canada.
- 16:39Speaker 3: We hear that the jet skier got into a verbal
- 16:42Speaker 3: dispute with him. They interviewed girlfriends from high school. I mean,
- 16:47Speaker 3: they turned his entire life upside down and found nothing.
- 16:52Speaker 3: But when you have all of these little, tiny pieces
- 16:55Speaker 3: of nothing burgers together and they've completely assassinated his character,
- 17:01Speaker 3: and in a.
- 17:01Speaker 1: Case that is largely circumstantial, those elements become admissible, contrary
- 17:05Speaker 1: to a case with direct evidence of guilt, in which
- 17:08Speaker 1: the defense has a better idea of what the issues are.
- 17:12Speaker 1: But in circumstantial cases, the state weaves a web from
- 17:16Speaker 1: these disparate elements that would normally be inadmissible but together
- 17:20Speaker 1: and create an appearance of guilt and that can overwhelm
- 17:24Speaker 1: a traditional defense. And by two thousand and five, sure enough,
- 17:28Speaker 1: cal was indicted. And it seems that the prosecution felt that
- 17:32Speaker 1: they had enough to do that, but the first two judges, well,
- 17:36Speaker 1: they disagreed.
- 17:37Speaker 3: The first judge reviewed the grand jury minutes and the
- 17:41Speaker 3: transcripts and gave a heads up to the prosecutor and
- 17:45Speaker 3: to the defense attorney, I'm dismissing this case. It's insufficient.
- 17:49Speaker 3: What does the prosecutor do? The next day he files
- 17:52Speaker 3: a formal motion to recuse the judge, stating that he's
- 17:56Speaker 3: given the appearance that he favors the defense, and ultimately
- 18:01Speaker 3: pits his oath of office against that of the judge,
- 18:05Speaker 3: as the judge claims, sort of requiring at that point
- 18:08Speaker 3: the judge to get off the case because of the
- 18:11Speaker 3: animosity and the claims that are made by the prosecutor.
- 18:15Speaker 3: So he did, and a new judge was assigned, and
- 18:19Speaker 3: that judge also dismissed the case, indicating that the previous
- 18:24Speaker 3: judge's decision stands and it's insufficient. So it got dismissed,
- 18:28Speaker 3: and then they went on to represent the case and
- 18:31Speaker 3: put on more witnesses. In two thousand and seven, they
- 18:36Speaker 3: try the case in front of a jury pull frankly
- 18:41Speaker 3: that have been polluted by the police investigation, no Cal,
- 18:45Speaker 3: and have strong opinions about the case.
- 18:47Speaker 1: Ultimately, the state's trial narrative was that Cal killed Michelle
- 18:51Speaker 1: sometime late on September eleventh, citing no signs of forced entry,
- 18:56Speaker 1: the alleged blood evidence, the looming divorce and custody proceedings,
- 18:59Speaker 1: as well as some circumstantial witness testimony, some of which
- 19:04Speaker 1: were just outright lies. Now, as we mentioned, the morning
- 19:08Speaker 1: of Michelle's disappearance, Cal called Barb Thayer for help with
- 19:12Speaker 1: the kids and then called Michelle, but didn't leave a voicemail.
- 19:16Speaker 2: So Keen, the prosecutor, in a deposition that we took
- 19:20Speaker 2: about four years ago, admitted that if Cal had placed
- 19:24Speaker 2: the call at seven point fifteen, and had he been
- 19:27Speaker 2: the killer, in other words, he knows he's calling a
- 19:30Speaker 2: dead person's phone, he would have left some contrived message
- 19:34Speaker 2: about I'm worried about you, where are you, why aren't
- 19:37Speaker 2: you home with the kids, something like that. And Keene
- 19:41Speaker 2: admitted if he made the call and didn't leave a message,
- 19:44Speaker 2: he couldn't have committed this crown because there's no way
- 19:46Speaker 2: he would have made the call and not left the
- 19:48Speaker 2: message had he did it. Once they realized that they
- 19:52Speaker 2: got there to say she got there in time to
- 19:55Speaker 2: have made the call, despite the fact that they had
- 19:58Speaker 2: asked her about this multiple times and she never said
- 20:02Speaker 2: she made the call, and in fact denied it, and
- 20:05Speaker 2: then got on the stand and testified that she had,
- 20:08Speaker 2: and it was clear that they had convinced her that
- 20:11Speaker 2: she had to say that otherwise the case against Cal
- 20:15Speaker 2: would kind of blow up in the first instance.
- 20:17Speaker 1: This is what pisses me off about circumstantial cases. Now
- 20:21Speaker 1: we're talking about voicemails, the cell signal for a ten
- 20:25Speaker 1: mile radius Barb's location when Cal called. Instead of tackling
- 20:30Speaker 1: direct evidence of what happened to Michelle, the defense is
- 20:34Speaker 1: left scrambling trying to fight a ghost. Almost they're trying
- 20:37Speaker 1: to defend against an image of guilt that the prosecutor
- 20:41Speaker 1: is only just sort of peeling away the layers of
- 20:45Speaker 1: and revealing during the trial.
- 20:47Speaker 3: With circumstantial evidence, lay people go, oh, it's just a
- 20:51Speaker 3: circumstantial case, and there's a stigma associated with that word
- 20:56Speaker 3: that there's not much evidence. But they can be some
- 21:00Speaker 3: of the most falsely convincing cases because the government or
- 21:05Speaker 3: the prosecution is permitted to use otherwise impermissible, non relevant evidence,
- 21:13Speaker 3: often negative character evidence, and they stay to the court, Oh,
- 21:18Speaker 3: this is one of the little pieces of the puzzle
- 21:20Speaker 3: that we need to build up this case because it's circumstantial,
- 21:23Speaker 3: and the judge goes, well, i'll allow it. I'll give
- 21:26Speaker 3: them some leeway. And then it's every single rock that
- 21:29Speaker 3: builds this massive mound that you can't escape from.
- 21:33Speaker 1: When in reality it's nothing but an exhaustive climb straight
- 21:38Speaker 1: up bullshit mountain where you have to dispel this minutia
- 21:42Speaker 1: or discover the misconduct underlying it before it's too late.
- 21:45Speaker 1: And this case has plenty more like Col's a legend motive.
- 21:50Speaker 2: If you look at the summations from the trials, you'll
- 21:54Speaker 2: see that they ascribe the mode of the cow. The
- 21:57Speaker 2: divorce case, there was a trial date set for November
- 22:01Speaker 2: of that year, and so they said he had to
- 22:04Speaker 2: kill her because he was about to go to trial
- 22:06Speaker 2: and all these fees were going to come do and
- 22:09Speaker 2: there was a thirty thousand dollars appraisal fee that he
- 22:13Speaker 2: was going to have to pay, and he was going
- 22:15Speaker 2: to have to pay his lawyers, and he was going
- 22:16Speaker 2: to lose everything, and that couldn't happen. That was all false,
- 22:22Speaker 2: and I think knowingly false. The divorce case had just started.
- 22:26Speaker 2: There wasn't a single deposition taken, very little, if any
- 22:29Speaker 2: discovery had been traded. That was no more ready for
- 22:33Speaker 2: trial than I am ready to fly a jet. It
- 22:36Speaker 2: just wasn't ripe yet. And the worst part of that
- 22:40Speaker 2: whole fabricated motive was that the case had been resolved.
- 22:44Speaker 2: In the fourth trial, we had Cal's lawyer come on
- 22:47Speaker 2: and testify that Michelle had accepted the offer, that the
- 22:50Speaker 2: case was resolved, and as I need to point it out,
- 22:53Speaker 2: she bought a house. This was done. And even Barbara
- 22:57Speaker 2: Thayer and Burdick, who were adamant that Cal had done this,
- 23:02Speaker 2: admitted that by the summer of two thousand and one
- 23:05Speaker 2: things had calmed down. They weren't fighting at all, and
- 23:09Speaker 2: Michelle had resolved that she was going to buy a
- 23:11Speaker 2: house in town and it's was over.
- 23:13Speaker 1: But without this context, at the first trial, the prosecution
- 23:16Speaker 1: had created an urgency for Cal to act that was unimpeached.
- 23:21Speaker 1: Then we move on to the blood evidence, if you
- 23:23Speaker 1: can call it that, and as we mentioned, they had
- 23:25Speaker 1: said the blood was fresh because it was still red,
- 23:29Speaker 1: when not only was it not red, but color canton
- 23:33Speaker 1: doesn't indicate age. And then it got even more misleading.
- 23:37Speaker 2: Henry Lee, who was their expert, famous from the OJ
- 23:41Speaker 2: case and several others. Keene asks him could this have
- 23:45Speaker 2: come from a cut on her finger? And Lee says,
- 23:48Speaker 2: of course it could have, but the jury will want
- 23:50Speaker 2: to see a cut in the finger, and they go
- 23:53Speaker 2: back and forth, laughing about the burden of proof.
- 23:56Speaker 1: Obviously, the dark joke here is that there is nobody
- 24:00Speaker 1: so good luck with proving that this was from a
- 24:02Speaker 1: simple cut. But remember the prosecutor, Gerald Keene, his wife
- 24:06Speaker 1: was on Michelle's divorce team, and so Keene asked that
- 24:09Speaker 1: question about a cut finger, having seen the file from
- 24:12Speaker 1: Michelle's divorce attorney.
- 24:14Speaker 2: He doesn't tell Lee what he knows, which is that
- 24:17Speaker 2: Michelle fell or if you believe her, was pushed by
- 24:20Speaker 2: cal into the snow, cut her hand a few months
- 24:24Speaker 2: before this and walked back in through the garage, which
- 24:27Speaker 2: is where the blood was. So he didn't ask that
- 24:29Speaker 2: question randomly, kind of speculating he knew that Michelle cut
- 24:33Speaker 2: her finger because his wife drew up the affid David
- 24:36Speaker 2: that Michelle filed in court, saying that she cut her hand.
- 24:40Speaker 3: And there's more. The prosecutor then goes on to profer
- 24:44Speaker 3: evidence from every single witness that ever knew Michelle. Did
- 24:48Speaker 3: you ever see her bleed?
- 24:50Speaker 1: No?
- 24:50Speaker 3: Did you ever see her with a cut on her hand? No?
- 24:54Speaker 3: Was she bleeding during the time of September of two
- 24:58Speaker 3: thousand and one. No, So he knew that she'd cut
- 25:01Speaker 3: her hand. He knew that her path to enter the
- 25:04Speaker 3: home was where the droplets were found, and he was
- 25:08Speaker 3: aware that there was a plausible explanation for it. He
- 25:12Speaker 3: hid that plausible explanation, and then he went a step
- 25:15Speaker 3: further and created opposite in culpatory information that he knew
- 25:21Speaker 3: to be false.
- 25:22Speaker 1: But the jury was unaware of this context, so they
- 25:26Speaker 1: were left with the appearance that this blood was fresh
- 25:29Speaker 1: and that it had been shed on the night Michelle disappeared.
- 25:33Speaker 3: They convict Cal within hours, and a witness comes forward
- 25:39Speaker 3: who hadn't really thought about the case, but then sees
- 25:42Speaker 3: the reports of the conviction and he reaches out to
- 25:47Speaker 3: Cal's defense attorney, who's now a judge, Joseph Colly, and
- 25:52Speaker 3: he says Hey, I didn't think it was Michelle that
- 25:55Speaker 3: I saw, because everyone said she disappeared. But I think
- 26:00Speaker 3: it was because it looked just like her, and it
- 26:02Speaker 3: was at the foot of that driveway, and it was
- 26:04Speaker 3: with an individual, but it wasn't Cal. And he describes him,
- 26:08Speaker 3: his height, his build, his hair color, he describes what
- 26:11Speaker 3: they're doing, he describes her vehicle, he describes his vehicle
- 26:16Speaker 3: model to a t.
- 26:17Speaker 1: So this was Kevin Tubbs describing what he claims to
- 26:21Speaker 1: have seen around five am on September twelfth, Michelle standing
- 26:25Speaker 1: with a man and his truck, matching the description of
- 26:27Speaker 1: Stacy Stewart, who was believed to have been romantically interested
- 26:30Speaker 1: in Michelle. So Cal's lawera filews what's called a three
- 26:34Speaker 1: thirty motion presenting Kevin Tubbs as well as another person
- 26:37Speaker 1: who described a similar scene that morning.
- 26:39Speaker 3: The prosecution went furiously after both of them in a
- 26:44Speaker 3: three point thirty hearing, going as far as using sealed
- 26:48Speaker 3: documents to cross examine one of the witnesses who had
- 26:53Speaker 3: previously a case dismissed, but ultimately that conviction is overturned
- 26:58Speaker 3: after a three thirty hearing.
- 27:00Speaker 4: I get out in November of two thousand and seven,
- 27:04Speaker 4: and then my next trial is two years later.
- 27:07Speaker 3: They retry the case in two thousand and nine and
- 27:10Speaker 3: he is new trial council should have seen it coming.
- 27:15Speaker 4: I tried this guy from Albany, Terry Kinlin. There were
- 27:19Speaker 4: certain things I wanted done in the second trial that
- 27:21Speaker 4: we didn't do in the first trial. Promised me he
- 27:23Speaker 4: was going to do him never did so.
- 27:25Speaker 1: Even with two witnesses who claimed to have seen Michelle
- 27:28Speaker 1: with a man who was not cal and knowing how
- 27:31Speaker 1: the circumstantial evidence came together, his attorney just simply didn't
- 27:35Speaker 1: effectively dismantle the building blocks of this circumstantial smoke screen,
- 27:40Speaker 1: some of which were provable lies.
- 27:43Speaker 4: And I testified in my second trial and Jerry Keene
- 27:47Speaker 4: doing his closing argument, he says as to the jury
- 27:50Speaker 4: that cal Harris wants you to believe that all these
- 27:54Speaker 4: witnesses came in here today and lied to you, and
- 27:59Speaker 4: that he's the only one telling the truth. And the
- 28:03Speaker 4: reality is that's exactly what happened. All the key witnesses
- 28:09Speaker 4: were lying. But you know, there's nothing you can do
- 28:14Speaker 4: waiting for the jury's verdict that moment. I had to
- 28:18Speaker 4: go through that four times. I still have nightmares about
- 28:24Speaker 4: those moments, and I can't watch another crime show. They
- 28:27Speaker 4: always show the verdict. I can't watch it. I'm incarcerated
- 28:46Speaker 4: a month in two thousand and five, for six months
- 28:50Speaker 4: after my conviction in two thousand and seven, while the
- 28:54Speaker 4: three point thirty hearing was being processed. And then I'm
- 28:58Speaker 4: convicted again in two thousand and nine, and this time
- 29:02Speaker 4: I wind up going to the Auburn Correctional Facility. Every
- 29:06Speaker 4: time I was incarcerated and I'm sitting in my cell,
- 29:09Speaker 4: time comes to a complete stop. Every minute is an hour, right,
- 29:15Speaker 4: and you're ripped away from your kids and you're worried
- 29:17Speaker 4: about them. My first conviction in two thousand and seven,
- 29:21Speaker 4: Taylor would have been eleven, Kayla would have been ten,
- 29:26Speaker 4: Jenna was eight, and Tanner was six. I think at
- 29:29Speaker 4: the time, and I'm the only parent they've got. My
- 29:33Speaker 4: kids were young and at that time in their life
- 29:37Speaker 4: is as a parent, it is the most joyful when
- 29:40Speaker 4: they're young and growing up and you do all these
- 29:42Speaker 4: fun things together and we couldn't. We couldn't do anything,
- 29:45Speaker 4: We couldn't plan anything. Every special moment when I wasn't
- 29:49Speaker 4: in prison, every birthday, every holiday, Christmas, whatever. We're sitting
- 29:55Speaker 4: around and I'm sick to my stomach right, I can't
- 29:59Speaker 4: enjoy moment. I'm trying to put up a good front
- 30:02Speaker 4: for my kids so that they can enjoy the moment.
- 30:05Speaker 4: But I'm sick to my stomach every single minute of
- 30:09Speaker 4: every day because I don't know what's going to happen.
- 30:12Speaker 4: It was torture for fifteen years having to live that way.
- 30:18Speaker 1: But during that time, cal learned a great deal about
- 30:21Speaker 1: the evidence rules that paved the way for circumstantial evidence cases,
- 30:25Speaker 1: and it appears to have had roots in the prosecution
- 30:28Speaker 1: of other bodyless murder cases.
- 30:32Speaker 4: In eighteen fifty, it was the first time that New
- 30:36Speaker 4: York allowed a bodyless murder case. Prior that you couldn't
- 30:41Speaker 4: convict somebody in New York without a body. The mentality
- 30:45Speaker 4: was that they didn't want someone who was cunning enough
- 30:50Speaker 4: to dispose of the body to get away with that,
- 30:54Speaker 4: so they changed the rules of evidence. And one of
- 30:57Speaker 4: the things that one of my previous attorneys built, so
- 31:00Speaker 4: Easton argued in the appeal, was the pendulum has swung
- 31:05Speaker 4: too far in New York. It went from eighteen fifty
- 31:08Speaker 4: where you couldn't convict somebody unless you had a body
- 31:11Speaker 4: to the Cal Harris case now in two thousand and nine,
- 31:15Speaker 4: where you went too far. There's no evidence here, and of.
- 31:19Speaker 1: Course it didn't hurt to have alternate suspects that upended
- 31:23Speaker 1: the state's theory. Nevertheless, the conviction was overturned an insufficiency
- 31:27Speaker 1: of evidence, making way for a third trial. And that's
- 31:31Speaker 1: when Cal hired Barquette Epstein.
- 31:33Speaker 2: Remember now we got the case and had seen the
- 31:35Speaker 2: movie already, right, so we had two trial transcripts to
- 31:39Speaker 2: go off of, and Aida and I and Donna Eldea,
- 31:42Speaker 2: who tried the case with us. We talked about the
- 31:44Speaker 2: fact that you have all these facts and I'll put
- 31:46Speaker 2: that in quotes, facts that the prosecutor used to build
- 31:50Speaker 2: a circumstantial case. And then we said, we have to
- 31:53Speaker 2: challenge all of the ones that we know to be
- 31:56Speaker 2: false or that are challengeable. And the jury, when we
- 31:59Speaker 2: did that, are looking at you because they don't understand
- 32:03Speaker 2: why we arguing about who made a phone call or
- 32:05Speaker 2: why are we arguing about where certain things were the
- 32:09Speaker 2: divorce proceedings, Because they didn't understand how this is supposedly
- 32:12Speaker 2: all going to come together for the government. In neither
- 32:14Speaker 2: of the first two lawyers, frankly, because they didn't have
- 32:17Speaker 2: the preview that we had, so they just kind of
- 32:19Speaker 2: let that stuff go. For the most part, we had
- 32:22Speaker 2: to dig in and fight each one of those facts.
- 32:25Speaker 2: So you could say that's not what happened. You can't
- 32:28Speaker 2: use that as a building block because it's false or
- 32:31Speaker 2: flawed in some way.
- 32:32Speaker 1: So in addition to presenting the alternate suspect witnesses, they
- 32:35Speaker 1: exposed Barb Thayer's deceit as well as the alleged motive.
- 32:39Speaker 1: And then there was the alleged freshness of the blood
- 32:44Speaker 1: and alleged cleaning efforts, all supported by the state's quote
- 32:48Speaker 1: unquote expert Henry Lee.
- 32:50Speaker 2: So we called up all these lawyers that had either
- 32:53Speaker 2: hired him or dealt with him, and pulled all these transcripts,
- 32:57Speaker 2: and you realize that the guy is nothing more than
- 32:59Speaker 2: a really a whole. He would say anything for anybody.
- 33:02Speaker 2: And the end of the cross I had transcripts from
- 33:05Speaker 2: a trial he did in the Carolinas where his justification
- 33:09Speaker 2: for that theory was in opposite of what he was
- 33:12Speaker 2: saying about cal like literally, you couldn't held both opinions,
- 33:17Speaker 2: and so he essentially gave up and said you're right,
- 33:20Speaker 2: and that was it. And it went so well with
- 33:22Speaker 2: Henry Lee on the third trial they never brought him
- 33:26Speaker 2: back again.
- 33:27Speaker 1: Unfortunately, a fourth trial was necessary. Despite dismantling the circumstantial
- 33:33Speaker 1: evidence and exposing them as conduct, the jury was hung,
- 33:37Speaker 1: so they considered waving a jury. But not all judges
- 33:41Speaker 1: are created equal.
- 33:42Speaker 4: I mean, for me, it was clear that a circumstantial
- 33:47Speaker 4: case like mine was too complicated for a jury, and
- 33:51Speaker 4: I just felt that I'm zero for three. What do
- 33:55Speaker 4: you do? It's worth a try.
- 33:58Speaker 3: It was a big risk. But we wanted to judge
- 34:02Speaker 3: who had conviction.
- 34:06Speaker 4: In balls balls.
- 34:09Speaker 3: I wanted to say ball, I don't know why, I'm
- 34:10Speaker 3: like hiding words. We wanted to judge who had balls,
- 34:13Speaker 3: and we wanted to judge who was really smart. He
- 34:15Speaker 3: had both of those things. And we looked up decisions
- 34:18Speaker 3: he had issued in the past, and we did more.
- 34:20Speaker 2: Than read his decisions. If you remember, I eate it.
- 34:22Speaker 2: We spoke to people who knew him. He had been
- 34:24Speaker 2: a defense attorney for a long time, tried about a
- 34:27Speaker 2: dozen murder cases, so he was experienced, and they said
- 34:30Speaker 2: to us, he's going to do what he thinks is right.
- 34:33Speaker 2: Trust us. If he thinks your guy's guilty, he's going
- 34:36Speaker 2: to go down. And we were in the back talking
- 34:39Speaker 2: about jury selection and I eat it. Donna and I
- 34:42Speaker 2: looked at each other and I'm like, okay, let's do this.
- 34:45Speaker 2: And I literally went like this. I said, come out.
- 34:47Speaker 2: He's like, what do you What do you mean? I said,
- 34:49Speaker 2: you're it, judge. He says, what do you mean? I'm it?
- 34:51Speaker 2: So we're waiving a jury and he lost his temper.
- 34:56Speaker 2: What started yelling at me? You think because I was
- 34:58Speaker 2: a defense attorney, I'm going to quit your guy. I'll
- 35:00Speaker 2: tell you something. I'll convict him. Quicker just went off
- 35:03Speaker 2: on me. I'll be honest. He scared me enough. If
- 35:06Speaker 2: I was there alone, i'd have backed off. I think
- 35:09Speaker 2: Aida was like, no, we can still do this, and
- 35:11Speaker 2: Donna was, now, he's just blowing smoke. He'll be fine.
- 35:14Speaker 3: There have been so many judges that had said this
- 35:17Speaker 3: case was insufficient to go forward that we thought a
- 35:20Speaker 3: smart judge with balls will finally put this to rest.
- 35:24Speaker 2: He comes out and he says, there's one count in
- 35:27Speaker 2: the indictment, murdering the second degree. I'm the soul trial
- 35:30Speaker 2: or fact in this case. I find the defendant not guilty.
- 35:34Speaker 2: Bales exonerated, bangs his hand on the bench, and I
- 35:39Speaker 2: turned to my left to see Cal and Aida and Donna,
- 35:43Speaker 2: and by the time I turned back, he was gone.
- 35:46Speaker 3: And Cal turned to me and said, what just happened?
- 35:50Speaker 3: Is it not guilty or guilty?
- 35:51Speaker 4: I couldn't even hear. I couldn't hear you.
- 35:53Speaker 3: Yeah, head, but your kids heard it.
- 35:57Speaker 4: Yeah, It's just like a ton of bricks come on
- 36:00Speaker 4: my shoulders. Finally, after fifteen years, we're able to look
- 36:04Speaker 4: at each other and know that we're going to be
- 36:07Speaker 4: a family, and we can start making plans going forward,
- 36:11Speaker 4: which we couldn't do for fifteen years.
- 36:14Speaker 2: His oldest son got in the cornel that day, May
- 36:17Speaker 2: twenty fourth, twenty sixteen.
- 36:20Speaker 4: But the damage is done. We're all suffering in one
- 36:23Speaker 4: form or another. It's never gonna go away, only because
- 36:27Speaker 4: this case has garnered so much attention and she's still missing.
- 36:31Speaker 4: You know, That's what keeps everybody watching, is that she's
- 36:34Speaker 4: still missing. And I'm getting death threats to this day.
- 36:37Speaker 4: I've been assaulted several times now since my acquittal. I
- 36:41Speaker 4: have to look over my shoulder every day I leave
- 36:43Speaker 4: the house.
- 36:44Speaker 1: All because a circumstantial case can be that falsely convincing. Meanwhile,
- 36:49Speaker 1: the team held a May twenty twenty five press conference
- 36:52Speaker 1: where Cal and his children offered a one hundred thousand
- 36:55Speaker 1: dollars reward for information that would lead to finding Michelle's remains.
- 37:01Speaker 2: We have a pretty good idea of what happened to her,
- 37:05Speaker 2: at least who was involved, and there are people who
- 37:09Speaker 2: know what happened, and we're hoping that the money will
- 37:13Speaker 2: be the incentive that they need. Just for a moment,
- 37:18Speaker 2: imagine that we do this, that we find her. It
- 37:21Speaker 2: would be unbelievable. And we've looked. It's not that we
- 37:26Speaker 2: haven't been looking. I aid it was with me in
- 37:29Speaker 2: twenty fourteen, this summer, digging up an outhouse with a
- 37:33Speaker 2: couple of investigators in a backo.
- 37:35Speaker 4: Oh boy.
- 37:36Speaker 3: I used to be an editor at l magazine before
- 37:39Speaker 3: I decided to go to law school. I used to
- 37:41Speaker 3: get free loot, go to runway shows and there I
- 37:44Speaker 3: am surrounded by five retired detectives and Bruce and a
- 37:47Speaker 3: couple of shovels going through an outhouse.
- 37:50Speaker 1: But I'd say it's arguably more meaningful work. So we're
- 37:55Speaker 1: going to go ahead and link ways to contact bark
- 37:58Speaker 1: at Epstein in the episode descript as any new information
- 38:03Speaker 1: could also help them in their next fight.
- 38:06Speaker 2: October twenty seventh, we have the federal Civil Rights trial,
- 38:09Speaker 2: and this is where the hunters have become the prey.
- 38:12Speaker 2: The defendants are Gerald Keene, Steve Anderson, and Susan Mulvey
- 38:17Speaker 2: State police in the County of Tioga. We hope to
- 38:20Speaker 2: put on a persuasive case not only is Cal obviously innocent,
- 38:24Speaker 2: but that what happened to him was fundamentally wrong, a
- 38:28Speaker 2: violation of his constitutional rights, and they should be held
- 38:32Speaker 2: to account for that.
- 38:33Speaker 1: And with that, we're going to go to closing arguments,
- 38:36Speaker 1: where first of all, I'm thanking you all from the
- 38:39Speaker 1: bottom of my heart for being here today and courageously
- 38:42Speaker 1: sharing this harrowing story. I don't know how else to
- 38:45Speaker 1: put it. And then I'm just going to kick back
- 38:48Speaker 1: in my chair and listen to anything else you feel
- 38:51Speaker 1: is left to be said. So let's do it in
- 38:53Speaker 1: alphabetical order. Aida. Let's start with you, then Bruce, and
- 38:59Speaker 1: then Cal can take us off into the sunset.
- 39:02Speaker 3: It has been such an eye opening experience to see
- 39:06Speaker 3: the level at which lawyers have to work it's a
- 39:10Speaker 3: herculean task to actually exonerate somebody, especially when the prosecution
- 39:16Speaker 3: and the police make it personal. And we left no
- 39:21Speaker 3: single piece of paper unturned. And I remember seeing cal
- 39:27Speaker 3: angry during moments of the trial, and there's no question
- 39:35Speaker 3: to me who actually knows the evidence as opposed to
- 39:37Speaker 3: a lay person that watched forty eight hours that he's innocent,
- 39:41Speaker 3: and his anger and his bitterness and his love for
- 39:44Speaker 3: his kids and his grace and compassion while he was
- 39:47Speaker 3: actually incarcerated is all a testament to that. So it's
- 39:52Speaker 3: been an incredible teaching moment. I'm very grateful that he
- 39:56Speaker 3: trusted us and that I got to participate in it,
- 39:59Speaker 3: not just for him, but for is four incredible, spectacular kids.
- 40:05Speaker 2: We've been lucky enough to handle a number of cases
- 40:08Speaker 2: that involved wrongful convictions, and a product of that is
- 40:13Speaker 2: we get solicitations regularly from people who are in prison
- 40:16Speaker 2: saying that they're innocent. And one of the things that
- 40:19Speaker 2: you see is people who are innocent look at the
- 40:23Speaker 2: process as an obstacle. People who are guilty who are
- 40:28Speaker 2: looking for a way out look at the process as
- 40:31Speaker 2: an opportunity. So you meet with somebody and they tell you,
- 40:36Speaker 2: I didn't do it, and then they start talking to
- 40:37Speaker 2: you about all the evidentiary issues that come up. What
- 40:41Speaker 2: was wrong the grand jury, this didn't happen, they didn't
- 40:43Speaker 2: do that right, the four persons didn't sign the indictment
- 40:46Speaker 2: and all this stuff. The people who are innocent are
- 40:50Speaker 2: a an open book, and b say, I don't give
- 40:53Speaker 2: a damn about the rules of evidence. They are obstructing me.
- 40:57Speaker 2: They're screwing me. They're stopping me from proving that I
- 41:00Speaker 2: didn't commit this crime. And that was cal from the
- 41:03Speaker 2: moment I met him until this day. He's been an
- 41:06Speaker 2: open book and said, what do you want to know?
- 41:09Speaker 2: Where do you want to look? Search my house, search
- 41:11Speaker 2: anything you want to do, any question you ask is
- 41:14Speaker 2: fine with me. And had no patience for the intricacies
- 41:20Speaker 2: of the courtroom and the rules of evidence. I think
- 41:21Speaker 2: he kind of touched on it here that he feels
- 41:24Speaker 2: screwed by them, and rightly so.
- 41:27Speaker 4: And for me at this stage, I want justice. I
- 41:31Speaker 4: want Sue OVI and Steve Anderson and Jerry Keen held accountable.
- 41:36Speaker 4: I want to see them in that courtroom. I want
- 41:39Speaker 4: to see them on the witness stand. I want them
- 41:41Speaker 4: to know what it feels like, I mean, they're never
- 41:43Speaker 4: going to go to prison. Well, they're never going to
- 41:46Speaker 4: be held accountable. If we do win. If and there's
- 41:49Speaker 4: damages awarded, they're not going to have to pay. But
- 41:53Speaker 4: I want them to know what it feels like to
- 41:57Speaker 4: be on the hot seat, whether we win we don't.
- 42:01Speaker 4: I'm hoping that we're able to show the public what
- 42:05Speaker 4: they did behind the scenes. There's a lot of people
- 42:08Speaker 4: right now that have switched their opinion of me, and
- 42:11Speaker 4: I'm hoping that more people will switch their opinion once
- 42:14Speaker 4: they see the evidence that we're going to present, and
- 42:17Speaker 4: I've already put it out there on my podcast episode three.
- 42:20Speaker 4: You're gonna see most of the evidence that we're putting on.
- 42:23Speaker 4: But then I know there's people out there they're never
- 42:25Speaker 4: gonna believe anything. Even if we do find her, They'll
- 42:28Speaker 4: still think I'm guilty. But I want justice for me
- 42:32Speaker 4: and my kids, and that's all I can ask for
- 42:35Speaker 4: at this point.
- 42:42Speaker 1: Thank you for listening to Wrongful Conviction. You can listen
- 42:44Speaker 1: to this and all the Lava for Good podcasts one
- 42:47Speaker 1: week early and ad free by subscribing to Lava for
- 42:50Speaker 1: Good Plus on Apple Podcasts. I want to thank our
- 42:53Speaker 1: production team Connor Hall and Kathleen Fink, as well as
- 42:56Speaker 1: my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Clive.
- 43:00Speaker 1: The music in this production was supplied by three time
- 43:02Speaker 1: OSCAR nominated composer Jay Ralph. Be sure to follow us
- 43:05Speaker 1: across all social media platforms at Lava for Good and
- 43:08Speaker 1: at Wrongful Conviction. You can also follow me on Instagram
- 43:11Speaker 1: at It's Jason Flamm. Wrongful Conviction is a production of
- 43:14Speaker 1: Lava for Good Podcasts and association with Signal Company Number One.
- 43:18Speaker 1: We have worked hard to ensure that all facts reported
- 43:20Speaker 1: in this show are accurate. The views and opinions expressed
- 43:23Speaker 1: by the individuals featured in this show are their own
- 43:26Speaker 1: and do not necessarily reflect those of Lava for Good.